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HomeMy WebLinkAboutZBA-10/06/2011 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.norlhfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 MINUTES REGULAR MEETING THURSDAY, OCTOBER 6, 2011 A Regular Meeting of the SOUTHOLD TOWN ZONING BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971-0959, on Thursday October 6, 2011 commencing at 8:30 A.M. Present were: Leslie Kanes Weisman, Chairperson/Member Gerard P. Goehringer, Vice Chairperson/Member James Dinizio, Member Ken Schneider, Member George Homing, Member (left 2:31 p.m.) Vicki Toth, ZBA Secretary Absent: Jennifer Andaloro, Assist. Town Attorney EXECUTIVE SESSION: 8:49 A.M. Motion was offered by Chairperson Weisman seconded by Member Horning, to enter into Executive Session for the purpose of obtaining advice of Counsel. Vote of the Board: Ayes: All. 9:36 A.M. Motion was offered by Chairperson Weisman, seconded by Member Dinizio, to reconvene the meeting. Vote of the Board: Ayes: All. 9:39 A.M. Chairperson Weisman called the meeting to order with the Pledge of Allegiance. The Board proceeded with the first item on the Agenda as follows: DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS: BENALI, LLC #6422 - (Possible Resolution: Board to consider Agent request to withdraw application per a letter dated October 3, 2011.) (adj. from July 7, 2011) Request for Variances from Article XXIII Code Section 280-124 based on an application for building permit and the Building Inspector's August 27, 2010, Notice of Disapproval concerning proposed Page 2 - Minutes Regular Meeting held October 6, 2011 Southold Town Zoning Board of Appeals construction of a single family dwelling at less than the code required front yard setback of 35 feet, at: 1275 Cedar Point Dr., West (adj. to West Lake) Southold, NY. SCTM #1000-90-1- 2. BOARD RESOLUTION: Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to withdraw the application per request of Agent dated October 3, 2011. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). STATE ENVIRONMENTAL QUALITY REVIEWS; BOARD RESOLUTION: Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to declare the following Declarations with No Adverse Effect for the following projects as applied: Type II Actions (No further steps- setback/dimensional/lot waiver/accessory apartmentJbed and breakfast requests): THOMAS R. & WENDY L. CARLEY #6502 METRO PCS NEW YORK, LLC (Baxter/Goeller, owners) #6507 PHILIP and JENNIFER STANTON #6508 NICHOLAS CUTRONE #6496 SUSAN M. DUNNING #6506 HIRAM F. MOODY, JR. and SARAH R. GOULARD #6497 TAUBIN FAMILY TRUST #6509 JOHN J. & JOY E. GALLAGHER #6505 KENNETH SEIFERTH #6504 LIPA and T-MOBILE NORTHEAST, LLC #6433 Vote of the Board: All. This resolution was duly adopted. PUBLIC HEARINGS: The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published 9:44 AM - METRO PCS NEW YORK, LLC (Baxter/Goeller, owners) #6507 by John Coughlin, Esq., Lou Moglino, Architect; Mike Lynch, R.E. Appraiser; David Karlebach, Planner; Dave Collins, FCC and Nicholas Balzano. Request for Variances from Article XVII Code Section 280-70J, based on an application for building permit to extend and co-locate on an existing wireless telecommunication facility and the Building Inspector's July 12, 2011 Notice of Disapproval concerning proposed antenna support structures at; 1) more than the maximum code required height of 45 feet, 2) less than the code required distance to adjacent residential property lines of 500 feet. Location: 415 Elijah's Lane Mattituck, NY. SCTM#1000-108-4-11.3. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to close the hearing subject to receipt of Declaratory ruling and FAA comments. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). 10:58 AM Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to take a short recess. Vote of the Board: Ayes: AlL 11:06 AM Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to reconvene the meeting. Vote of the Board: Ayes: All. Page 3 - Minutes Regular Meeting held October 6, 2011 Southold Town Zoning Board of Appeals PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 11:07 AM - HIRAM F. MOODY, JR. and SARAH R. GOULARD #6497 by Steven Hamm, Esq. Request for Variance from Art. XXIII, Code Section 280-124 and the Building Inspector's June 30, 2011 Notice of Disapproval based on an application for building permit for an addition to a single family dwelling at; 1) less than the code required front yard setback of 35 feet, located at: Reservoir Road (Winthrop Drive) (adj. to Silver Eel Cove) Fishers Island, NY. SCTM #1000-9-8-3.2. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). 11:12 A.M. - SUSAN M. DUNNING #6506 by Bruce Anderson, Agent. Request for Variance from Article XXIII Code Section 280-124 and the Building Inspector's May 31, 2011, updated August 11, 2011 Notice of Disapproval based on an application for building permit for "as built" addition/alterations to a single family dwelling at, 1) side yard setback of less than the code required 15 feet, located at; 925 Stephenson Road (adj. to Long Island Sound) Orient, NY. SCTM #1000-17-1-2.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). 11:28 A.M. - THOMAS R. & WENDY L. CARLEY #6502 by Robert Bassolino, Architect. Request for Variance from Code Article XXIII Section 280-124 and the Building Inspector's July 8, 2011 Notice of Disapproval based on an application for building permit for additions to a single family dwelling at: 1) less than the code required front yard setback of 40 feet, 2) less than the code required rear yard setback of 50 feet, located at: 350 Wampum Way (Tepee Trail), Southold, NY. SCTM #1000-87- 2-29. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:35 A.M. - JOHN J. & JOY E. GALLAGHER #6505 by John Gallagher and Peter Stoutenburg, Builder; Frank Pirozzi, HOA Board, Charles Luscher in favor; Kathleen Dwyer; Jim Cope, Michal and James Knobloch and Roger Wingett, against. Request for Variance from Article III Code Section 280-13 based on an application for building permit to build an accessory building on a vacant lot, and the Building Inspector's July 20, 2011 Notice of Disapproval stating that an accessory building is not permitted on a vacant lot (without a principal dwelling), located at: 700 Bayview Drive (adj. to Spring Pond) East Marion, NY. SCTM #1000-37-5-4. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). Page 4 - Minutes Regular Meeting held October 6, 2011 Southold Town Zoning Board of Appeals 12:18 PM Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to take a short recess. Vote of the Board: Ayes: All. 12:35 PM Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to reconvene the meeting. Vote of the Board: Ayes: All. PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 12:36 P. M. - KENNETH SEIFERTH #6504 by Kenneth Seiferth, owner and Diane Arpari, against. Request for Variance from Article XXIII Code Section 280-122, and Article III Code Section 280-15 and the Building Inspector's June 2, 2011 Notice of Disapproval based on an application for building permit for additions/alterations to a non-conforming accessory garage at; 1) a nonconforming building containing a conforming use may be enlarged as long as the action does not create any new nonconformance or increase of nonconformance with regard to the regulations pertaining to such buildings, 2) less than the code required side yard setback of 15 feet, 3) second floor roof dormers at more than the code required 40% of the roof width, located at: 2000 Nassau Point Road (adj. to Broadwaters Cove) Cutchogue, NY. SCTM #1000-104-10-11.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 12:53 P.M. - PHILIP and JENNIFER STANTON #6508 by Patricia Moore, Esq., Philip Stanton, Owner and Joseph Fischetti. Request for Variance from Article III Code Section 280-15 and the Building Inspector's August 10, 2011 Notice of Disapproval based on an application for building permit to relocate/construct an accessory barn at; 1) height at more than the code required maximum of 22 feet, location: 522 Town Creek Lane and 845 Maple Lane (adj. to Town Creek) Southold, NY. SCTM #1000-64- 1-14.7 & 29. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to close the hearing reserving decision subject to receipt of a revised floor plan. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1:11 P.M. - TAUBIN FAMILY TRUST (ORR) #6509 by Patricia Moore, Esq., and Amy Orr. Request for Variance from Article XXIII Code Section 280-123 and the Building Inspector's August 16, 2011 Notice of Disapproval based on an application for building permit for as built non-conforming building at; 1) a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use, 2) less than the code required side yard setback of 15 feet, located at: 625 Terry Lane (adj. to Southold Bay) Southold, NY. SCTM #1000-65-1-23. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to adjourn the hearing to November 3, 2011 at 1:00 p.m., also subject to receipt of a timeline from the agent and LWRP report. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). Page 5 Minutes Regular Meeting held October 6, 2011 Southold Town Zoning Board of Appeals 1:38 P.M. - NICHOLAS CUTRONE #6496 by Peter Gerace, Architect and Nick Cutrone, owner (adj. from September 1, 2011) Request for Variances from Art. XXII Section 280-116A(1) and the Building Inspector's May 31, 2011 Notice of Disapproval based on an application for building permit for as built deck and proposed addition, at; 1) as built deck at less than 100 foot setback from top of bluff, 2) proposed addition at less than 100 foot setback from top of bluff, located at: 786 Bailie Beach Road (adj. to Long Island Sound) Mattituck, NY. SCTM #1000-99-3-7. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). WORK SESSION: A. Reminder: Code of Conduct discussion/Executive Session for December 1, 2011 8:30 a.m. - 9:30 a.m. Regular Meeting. B. Need to re-schedule the October 20, 2011 Special Meeting -canceI meeting and reschedule to November 3, 2011 8:00 a.m. - 10:00 a.m. for Deliberations/Possible Decisions/Resolutions. PUBLIC HEARINGS (continued): The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 2:00 P.M. - LIPA and T-MOBILE NORTHEAST, LLC #6433 - No Appearance. (Board to consider request for adjournment without a date per letter dated September 28, 2011 from John J. Coughlin, Atty., agent for applicant) (adj. from August 4, 2011) Request for Variances from Article XVII Code Section 280-70J, based on an application for building permit to upgrade and maintain a wireless telecommunication facility and the Building Inspector's September 3, 2010, amended October 12, 2010, updated June 10, 2011 Notice of Disapproval concerning proposed antenna support structures at; 1) more than the maximum code required height of 45 feet, 2) location of mounted antenna not located in the code required interior, 3) less than the code required distance to adjacent residential property line of 500 feet. Location: 69685 Route 25 and (Chapel Lane), Greenport, NY. SCTM #1000-45-1-14.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to approve request from Attorney dated September 28, 201L for adjournment without a date. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). RESOLUTIONS/UPDATED REVIEWS/OTHER: A. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Goehringer to cancel the Special Meeting date for October 27, 2011 at 5:00 PM. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). Page 6 - Minutes Regular Meeting held October 6, 2011 Southold Town Zoning Board of Appeals B. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Goehringer to set the next Regular Meeting with Public Hearings to be held November 3, 2011 at 10:00 AM 8:00 AM to 10:00 AM for Dehberations/Possible Decisions/Resolutions. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to approve minutes from Special Meeting held September 15, 2011. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). There being no other business properly coming before the Board at this time, Chairperson declared the meeting adjourned. The meeting was adjourned at 2:02 P.M. Vicki Toth ///~,5~/2011 Incl~.kby Reference: Filed ZBA Decisions (0) Leslie Kanes Weisman, Chairperson///3/2011 Approved for Filing Resolution Adopted'